The Ethics Surrounding Live and Recorded Music The Ethics Surrounding Live and Recorded Music A Study by Mark A. McCormick Mark A. McCormick & Mark A.

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Presentation on theme: "The Ethics Surrounding Live and Recorded Music The Ethics Surrounding Live and Recorded Music A Study by Mark A. McCormick Mark A. McCormick & Mark A."— Presentation transcript:

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The Ethics Surrounding Live and Recorded Music The Ethics Surrounding Live and Recorded Music A Study by Mark A. McCormick Mark A. McCormick & Mark A. McCormick Amanda K. Plummer Amanda K. Plummer This project represents graduate coursework done at the University of Illinois in Educational Policy Studies. University of IllinoisEducational Policy Studies University of IllinoisEducational Policy Studies EPS 409: Ethics & Education Professor Nicholas C. Burbules Nicholas C. BurbulesNicholas C. Burbules

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The purpose of this study is to examine the ethical issues surrounding the relationships between live and recorded music. Since the inception of recording technology, live and recorded music have influenced each other’s existence and aesthetic purposes in both professional and educational settings. This study will examine the roles of each and address issues of community, property rights and society. Overview of Concepts Overview of Concepts Contents Introduction

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Live vs. Recorded Music Professional Educational Copyright Sensory Experience Back to Introduction Back to Introduction Contents Overview of Concepts

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July 2002 will mark the 125 th anniversary of Thomas Edison’s first patent on recording and playing back a sound to and from a cylinder. The progress of the recording industry over the years has shown us that since the dawn of the gramophone, technology has influenced the way people live. progress of the recording industry progress of the recording industry Presently, we’re faced with many challenges that will shape the way we interact with recorded music. However, history has shown us that people have been adapting their lives to this technology decades ago. Click on the picture of Thomas A. Edison to hear him speak in the oldest recording still available. 1888, Edison cylinder, full length Uses RealPlayer Audio Continue Historical Perspectives Continue Historical Perspectives Contents Download your RealAudio Player Download your RealAudio Player Historical Perspectives Previous Page Previous Page

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“In 1921, Thomas A. Edison Inc. claims to have sent out as many as 20,000 copies of a questionnaire asking Americans in 43 states to list their ‘favorite tunes.’ Their often laborious answers sometimes ranged far beyond the details of record issue numbers… Many took the occasion of the survey to explain how and why they simply would not have been able to live without their record players and records.” (Kenney, p.5) “The survey had been undertaken in part…to test the results of an experiment designed by a group of psychologists headed by Dr. W. V. Bingham of the Carnegie Institute of Technology. Bingham’s group believed that music stimulated human emotions and they wanted Edison records to ‘push the right emotional buttons.’ 135 of Edison’s records were divided into twelve categories: Recordings that ‘Stimulate & Enrich the Imagination,’ to those that brought ‘Peace of Mind,’ ‘Joy,’ ‘Wistfullness,’ ‘Good Fellowship,’ ‘More Energy,’ ‘Love,’ ‘Dignity & Grandeur’, ‘Tender Memory’, ‘Devotion’, a ‘Stirring of the spirits’, and a ‘Stimulation of Childish Fancy”. (Kenney, p. 6) Historical Perspectives The Edison Survey Continue Historical Perspectives Continue Historical Perspectives Contents Previous Page Previous Page

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Historical Perspectives Survey Results: Connecting with Memories & Life Experiences “Many customers recalled and reaffirmed familial love and family identity by replaying recording of music that they felt pointed to particular departed family members. Another female correspondent used the phonograph to help keep her family happy and summed up her experiences by saying: Our little son, a year old, often during the day points till I put on a piece for him. Our two little girls love the dance pieces. We love our machine so much. If we had to part with any piece of furniture in our home, we would give up our bed before we would part with our Edison.” (Kenney p.11) “These and other statements like these showed that people recorded music to reconnect with memories or life experiences. What Claude S. Fischer has written about the innovation of telephone can be applied to recording: ‘As much as people adapt their lives to the changed circumstances created by a new technology, they also adapt that technology to their lives.” (Kenney p. 7) Continue Historical Perspectives Continue Historical Perspectives Contents Previous Page Previous Page

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While some say that the gramophone brought on the “shattering of the Victorian culture,” the survey responses proved that the Victorian sense of cross-generational continuity in family, community, ethnicity and nationality was prevalent. “If Edison’s customers listened alone, they listened together.” (Kenney p.14) In comparing the effect on society that some say television would later have, the technology in both cases is reflective of the values already embedded in the culture. The strong community values in place at the birth of the home phonograph were also the same values that gathered families around a piano or fireplace. It was a central place where families could experience an emotion and a connection to others. While the experience of hearing a recording or using a live instrument for the purpose of familial bonding may have seemed the same, there is a difference which plays an important role in the development of technology. Historical Perspectives Stirring the Emotions or Shattering a Culture? Contents Continue Historical Perspectives Continue Historical Perspectives Previous Page Previous Page

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Historical Perspectives The Gramophone as an Instrument In the case of the parlor piano, where the audience and performer roles may have been blurred because everyone was involved, the source of the live music could organically change based on the live, spontaneous interaction. However, just as a musician uses the piano as a tool based on group interaction, a person could also use the gramophone as a tool to change the musical output based on the group emotional response. For example, the person operating the gramophone could act as a DJ, changing the music to match the group’s response. The subtle difference however, arises with the variety of options. A musician has a vast array of choices to make while performing and can implement them at will simply by changing the way the instrument is played. The gramophone could not be spontaneously changed at will without stopping the music, nor could subtle musical changes other than volume be made in the performance. Contents Continue Historical Perspectives Continue Historical Perspectives Previous Page Previous Page

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As playback devices gained popularity, there was a technological device introduced that shortened the gap between performance and recording. It was the player piano. The device was a real piano fitted with pneumatic pumps and levers that allowed for the playback of a recording done on the piano. Using a paper roll, holes were punched that allowed air to pass through the paper, fluctuating the pressure in air and causing pitches to be played using the mechanical action of the instrument. Historical Perspectives Play your piano or Player Piano? Contents Continue Historical Perspectives Continue Historical Perspectives Click on the picture to hear a player piano. Download your RealAudio Player Download your RealAudio Player Previous Page Previous Page

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Moving a step toward live performance, the pianola was a device set in front of a regular piano. It had control levers and pedals that allowed the “player” to adjust tempo and dynamics in subtle ways that mimicked live performance. This technology allowed the user to add musical elements and make an interpretation of the recording, while the piano roll took care of playing the correct notes. Historical Perspectives Blurring the Lines of Distinction Contents Continue Historical Perspectives Continue Historical Perspectives Previous Page Previous Page

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These innovations allowed virtuosic music to be instantly performed on a real musical instruments. However, since one did not need to be a trained musician to operate a player piano, who became the performer? The person operating the instrument functioned as a battery and an interpreter, supplying the kinetic energy needed to run the device as well as adjusting the volume and making interpretive decisions. Is this live music or is the operator nothing more than a different type of DJ, operating controls and making decisions? Do the piano hammers coming in contact with the strings constitute live music? Rather than finding two distinct camps for recorded and live music, the player piano helped to define a continuum that blends the two areas seamlessly into one another. Like the record player, the player piano had an effect on culture as well. While the early piano players needed a live operator, electric devices were invented to generate the air pumps and turn the rolls. This allowed for someone to let the piano play by itself. While the player piano and record player are not entirely responsible, the nature of having automatic features in a device normally used for live music allowed for the degradation of the performing medium. While the record player or player piano performed, it was ethically inoffensive to talk or carry on with other household activities while the music being played. Subconsciously and through generational influence, people have placed less importance on the value of listening to music as a prime activity. Historical Perspectives Commentary Contents Continue Historical Perspectives Continue Historical Perspectives Previous Page Previous Page

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Today, the same holds true with the grandson of the player piano; the Pianodisc, which combines midi (musical instrument digital interface) technology with an instrument used for live performance. “Digital” piano roles can be recorded and played back instantly using a floppy disc. This has also allowed for a play list of songs to be created so that the user simply pushes a button and hears an exact replica of the intended performance on a live instrument. This may in fact be the best example of a hybrid which combines elements of the recording technology with the actual medium used in a live setting. A tradeoff with this technology it that it has become quite easy to turn on the performance and go on to other things, giving Historical Perspectives Back to the Future the performance a “background music” status. Its perfection in technology has led to a weakening of its musical purpose as a message through an art form. Contents Previous Page Previous Page Continue

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Better than a Real Musician? In the late 1960s, Wendy Walter Carlos programmed a synthesizer to play a selection of J.S. Bach’s compositions. The resulting album was entitled Switched on Bach. The implication was that a machine could play with more accuracy than a live performer. While this is certainly true, one must question whether this is truly a better performance. You be the judge... Contents Previous Page Previous Page Jesu, Joy of Man’s Desiring: Performed by the Academy of St. Martin on the Fields Switched on Bach

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The purpose of any art form, at its core, is the communication and expression of human emotion, values, and culture. As with the development of any technology, intent can alter the very medium and purpose of that which it is trying to improve. Ethically and socially, unforeseen intentions and misuse inevitably arise that previously have not been considered. In examining live music, there are four purposes or intentions that a performer may have. Realistically, an artist may have several intentions functioning simultaneously, but the order in which these intentions are prioritized tends to define the philosophy of the performer. Intention 1: Self Expression, Communication Purposes of Media True to the definition of art, self-expression and the desire to communicate to an audience is the highest of these intentions. Since the earliest of civilizations, we know that music was used to communicate and that the fundamental expressive qualities inherent in music appeal to inherent human qualities. Contents Continue Purposes of Media Continue Purposes of Media

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Purposes of Media Intention 2: Wealth, Power, Status With the development of the recording and music industry in connection with the market driven economy came the profit seeking nature of some performers to desire wealth, power, and status. Intention 3: Preservation of an Art Form Intention 4: Self-Improvement, Self-Esteem Historically, the invention of the gramophone also filled the purpose of preserving recordings for for those who could not access the live performance and for future generations to learn from. Recorded music provides a snapshot of an art form that may change or cease to exist years later. Some musicians may view live performance as a medium through which they can develop skills related to performing. Performance anxiety affects the way a performer can communicate to an audience and for this reason, a performer may choose to record instead of perform live. With each opportunity to perform in a recording session or in a live setting, the artist can learn something new about the self. Recorded or live music can also be used as therapy. Studies have shown that certain types of music reduce stress. Contents Continue Purposes of Media Continue Purposes of Media Previous Page Previous Page

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The core purpose of any art form is the communication and expression of human emotion, values, and culture. While the evolution of technology plays a role in developing intentions for some performers, those intentions in turn play a part in affecting the technology. For example, a performer that accumulates wealth generated from recordings may in turn have an influence over future uses of that technology. Each of the intentions apply to both the recording and live genres, although some better than others. While making a recording enables the performer to reach a wider audience, the live, spontaneous energy generated between the performer and that audience is sacrificed. Herein lies the greatest difference between recorded and live music. Contents Purposes of Media Commentary The same applies to groups that lie between the artist and the consumer. Recording, publishing, and distribution companies, rooted in the market driven economy, filter and change the way the audience perceives an artist either through image or accessibility. These intermediaries can frame or alter the perception of the artist’s intention. While issues of diversity are increasingly taken into account, the underlying factor in determining who will get recorded, published, distributed, or presented is revenue. Who will buy the product and how much are they willing to pay? Issues like these are generally answered by popular culture. Previous Page Previous Page

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In this study, it is important to compare the similarities and differences in live and recorded music. The live musical experience deals with a real time, spontaneous, aesthetic experience between artist and performer. There is an exchange of energy that does not occur in recorded media. However, different musicians have different opinions regarding the similarities and differences in each of the media. Below are some quotes from different orchestral conductors expressing their feelings. “I don’t think there is any difference between a live performance and a recording. A recording has also to be full of spontaneity.” (Badal, 1996: p. 112) - Vladimir Ashkenazy Contents Comparison of Media “I think recordings put people in a position where they just lean back and listen. But that’s something very different from a concert, it is more passive…the media put too many people in this situation of not being creative…this tremendous development of technological equipment cuts down the creation, the ability of people to create themselves.” - Christoph von Dohnány (Badal, 1996: p. 68) (Badal, 1996: p. 68) Continue Comparison of Media Continue Comparison of Media

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“I don’t feel that making records is really a true way of making music, because there’s nobody there to listen to it. It’s a slightly incestuous thing because it’s musicians making music with musicians, trying to produce something perfect, which is impossible because we are human, and we do make mistakes, and nothing we do in a performance is that perfect. The human element is variable, and very often the [live] performance of a piece is greater than the number of mistakes made in it.” - Colin Davis (Badal, 1996: p. 26) Contents Comparison of Media The Search for Truth The development of new recording technologies has raised the standard of perfection in the industry. With many production companies, every attempt is made to end up with a perfect performance. Giving the public unrealistic expectations and an untrue performance does a disservice to the live performing arena. “The danger of a record is that it catches a moment’s expression and eternalizes it in a way which shouldn’t be. It’s like a photograph which catches a person in a moment, and if you don’t know that person, then that moment is a false impression.” -Antal Dorati (Badal, 1996: p.45) Continue Comparison of Media Continue Comparison of Media Previous Page Previous Page

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In addition to the energy that happens between a live performer and an audience, there are visual elements that impact the experience. Music is not how it is performed, but how an audience perceives it to be through all of the senses. “When you realize that…the visual effects, those which play a role in projecting your expression cannot be used, then obviously your timing is affected, and you tend to tighten the spaces between notes.” -Lorin Maazel (Badal, 1996: p.18) (Badal, 1996: p.18) In a live performance, body language also has a deep visual impact on the message and the experience of the musical performance. Contents Comparison of Media A Sensory Experience Continue Comparison of Media Continue Comparison of Media Previous Page Previous Page

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Because the visual aspect of live performance was appealing and meaningful along with the audio sensation, technology gave way to the advent of MTV and the music video. MTV brought an entirely new genre to the industry as well as new ethical problems. Some of these questions are addressed in Burnett’s book, The Global Jukebox: the international music industry. Burnett quotes Jon Pareles from a New York Times article: “…in a visual culture like ours, MTV has amplified the importance of image over sound, which has repercussions in everything from stage shows to who gets a chance to record.” Contents Comparison of Media The MTV Revolution He goes on to say… “MTV favors pretty people…Aging performers, or those whose only talents are musical rather than visual, tend to hide in their own video clips, if they get a chance to make them at all.” (Pareles, 1991 in Burnett, 1996) Continue Comparison of Media Continue Comparison of Media Previous Page Previous Page

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“Music video has also changed the nature of the live concert situation. Before music video, artists and fans faced each other primarily in concerts, with the chance of missed notes or mishaps. Now the image of a performance can be fabricated with studio perfect sound and every accessory in place. Many musicians have been willing to sacrifice spontaneity for such security, and in the belief that audiences want to confirm what they’ve seen on MTV. Many live concert tours have become visual spectacles, where music might be prerecorded so that singers can concentrate on dance steps.” (Burnett, 1996: p. 97) Contents Comparison of Media Commentary With MTV redefining popular culture and the demand for a different type of music recording and live performance, will live performances need special effects to draw an audience? If the consumers of live music attend concerts for their visual spectacle, what has happened to the music itself? Has the live concert evolved to where the music in some performances take a secondary role to the other sensory experiences? This illustrates another example of how the technology has changed the original purpose of the art form. Previous Page Previous Page Educational Perspectives Educational Perspectives

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The digital age has brought with it many ethical questions in the music industry. “Traditionally, music publishers acted as middlemen between composers and record companies and collected a mechanical royalty on behalf of the composer for every recording sold and a performance royalty for every time a piece was performed live or played on the radio.” (Burnett, 1996: p. 85) The advent of the internet has enabled the artist to bypass the middleman and transact directly with the general population. Each recording and distribution company is now jockeying for a leading position in the online community and is struggling with the laws of copyright, property, and ethical questions surrounding ownership. Contents Property Rights & Copyright Continue Property Rights & Copyright Continue Property Rights & Copyright Educational Perspectives Educational Perspectives

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Musical Works (printed forms or performances) Reproducing the work in any material formReproducing the work in any material form Publishing the workPublishing the work Broadcasting the workBroadcasting the work Causing the work to be transmitted to subscribers by a diffusion serviceCausing the work to be transmitted to subscribers by a diffusion service Making an adaptationMaking an adaptation Sound Recordings (specifically) Making a record embodying the recordingMaking a record embodying the recording Causing the recording to be heard in publicCausing the recording to be heard in public Broadcasting the recordingBroadcasting the recording Contents Property Rights & Copyright What do the copyright laws protect? (Biederman, 1992 in Burnett, 1996) While ethically valid, the challenge lies in enforcing these principles. Continue Property Rights & Copyright Continue Property Rights & Copyright Previous Page Previous Page

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Information is costly to produce, yet it costs relatively little to transmit. This is extremely hard for anyone who has devoted resources to the production of information. The digitization of music and other information has enabled consumers to form a direct link with the artists, bypassing the middleman. In this case, copyright isn’t just about intellectual property, but copyright becomes an issue of securing the financial gain from the property. The instant the producer sells the information to some consumer, that consumer becomes a potential competitor of the original producer, paying no more than the cost of transmission for the commodity. Some would argue that music companies are most threatened by this act of piracy. (Burnett, 1996) Contents Property Rights & Copyright The Digital Domain Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright

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The inevitable consequence of denying music publishers and record producers any income from unauthorized private copying is to diminish the level of available funds for investment in the promising young artists and writers who could become the megastars of the future. (Burnett 1996) This problem is not only the result of domestic consumers making illegal copies, but is also widespread in the international market. “Copyright pirates plunder $2.5 billion a year from the world’s record industry and one in four albums is now counterfeit. China and Bulgaria are suspected of being the biggest counterfeiters of compact discs,” said Mike Edwards, director of operations of the IFPI. (Pirating of Albums, 1995 in Stamm 2000) However, critics have argued that because of supply and demand models, we would see the price of recordings go first. “If piracy were having a negative effect on record companies, they would merely raise the price of the original and suffer no net loss in product.” (Katz, 1989 in Stamm, 2000) Contents Property Rights & Copyright Piracy Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright

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In theory, by stopping piracy, the industry would recover the losses incurred by those that illegally copy music. However, research has shown that the people who copy are the ones buying more of the music than people who don’t copy. Aside from the blatant copying of entire CD’s, web sites like Napster and MP3 offer the sharing of music. With the stance that they’re not breaking any copyright laws, Napster will continue to be under scrutiny in the court system by the recording industry. The development of sharing musical files over the internet has given way to a new way of thinking about music. Some more radical than others. The Free Music Philosophy is just one of the radical view s that music should be free. Contents Property Rights & Copyright Piracy Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright

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Property Rights & Copyright The Free Music Philosophy This liberal view states that “music is a creative process. Today when a musician publishes music, i.e., exposes it to the outside world, only a privileged set of individuals are able to use the music as they please. However, the artist has drawn from the creativity of many other musicians and there is an existential responsibility placed upon them to give this back unconditionally, so creativity is fostered among people.” Included in the article is a statement from the Audio Home Recording Act. “No action may be brought under this title alleging infringement of copyright based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.” The article suggests that music become a form of freeware, where consumers would honestly pay for what they enjoy and use. In an attempt to rid the industry of the middlemen that come between the artist and the consumer, the article includes instructions on setting up your own server to share music with others. http://www.eff.org/pub/intellectual_property/free_music.article Contents Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright

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On the other side of the coin, lobbying organizations in the music industry have been active in developing solutions that will impact the future of digital music in a way that protects the recording industry from becoming extinct. International Federation of Phonogram and Videogram Producers International Federation of Phonogram and Videogram Producers International Standard Recording Code International Standard Recording Code Secure Digital Music Initiative Secure Digital Music Initiative Contents Property Rights & Copyright The Evolving Solution Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright

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The recording industry has its own international lobby organization, the International Federation of Phonogram and Videogram Producers, which is active in intergovernmental debates regarding the protection of the rights of composers, recording artists and producers. The primary goal of the IFPI is to encourage governments to adhere to the existing international copyright conventions which will enable the industry to increase its earnings for the secondary usage of recorded music such as from songs played on the radio or television. Contents Property Rights & Copyright The Evolving Solution IFPI Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright www.ifpi.org

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Because the largest loss from piracy is incurred in the global market, the IFPI, in a desperate attempt to gain back their control, decided that affecting the blank tape market would be a remedy. “In the last decade, the IFPI has lobbied aggressively for a levy on blank tapes as a partial solution. The industry position is clear: every blank tape sold, means one less CD or cassette sold.” (Burnett 1996) Clearly, the root of piracy does not lie in the buying and selling of blank tapes. The fact that the IFPI would consider trying to gain back their control over the market through levying blank tapes shows that they’re struggling to find a solution to this problem. While the blank tape levy is not the answer, the IFPI does have other alternative solutions. Contents Property Rights & Copyright The Evolving Solution Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright

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The IFPI has worked to establish the International Standard Recording Code. The ISRC is the international identification system for sound recordings and music video recordings. Each ISRC is a unique and permanent identifier for a specific recording which can be permanently encoded into a product as its digital fingerprint. Encoding the ISRC into each digital transmission will provide the means to automatically identify recordings for royalty payments The IFPI has worked to establish the International Standard Recording Code. The ISRC is the international identification system for sound recordings and music video recordings. Each ISRC is a unique and permanent identifier for a specific recording which can be permanently encoded into a product as its digital fingerprint. Encoding the ISRC into each digital transmission will provide the means to automatically identify recordings for royalty payments. Contents Property Rights & Copyright The Evolving Solution ISRC Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright The IFPI claims that the ISRC system is the key to royalty collection for recordings in the digital information age. ISRC is a unique, reliable, international identification system.ISRC is a unique, reliable, international identification system. ISRC provides a unique tool for the purpose of rights administration.ISRC provides a unique tool for the purpose of rights administration. ISRC is a useful identification tool in the electronic distribution of music.ISRC is a useful identification tool in the electronic distribution of music. ISRC coding is compatible with standards developed in the field of consumer electronics and is readable by hardware already used in the recording industry.ISRC coding is compatible with standards developed in the field of consumer electronics and is readable by hardware already used in the recording industry. ISRC is cost effective - it can be put into operation without requiring special investment in equipment or technologies.ISRC is cost effective - it can be put into operation without requiring special investment in equipment or technologies.

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In seeking to create a secure trading environment, whilst at the same time ensuring that music fans can enjoy the music in as many reasonable ways as possible, the recording industry has worked with other industries to create the Secure Digital Music Initiative (SDMI). SDMI includes a vast range of companies, both large and small, who come from consumer electronics, the computer industry and security technology. They meet regularly to develop specifications for music systems. Contents Property Rights & Copyright The Evolving Solution SDMI Previous Page Previous Page Continue Property Rights & Copyright Continue Property Rights & Copyright

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Recorded Music in the General Music Classroom Music Copyright in the Classroom the Issues of Privacy and Recording Privacy Aesthetics and Sensory Experience Experience Contents Educational Perspectives Back Continue

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“School music teaching of recent years has made extensive use of recorded musical compositions. One of the advantages of the phonograph is that the teacher can present a desired selection whenever and as often as she wishes. The phonograph presents a marvelously faithful reproduction of a musical performance, and the library of recorded music is so inclusive that almost any desired composition or type of music is available.” (McConathy, et al., 1937, p. 104) Contents Recorded Music in the General Music Classroom Educational Perspectives Educational Perspectives Continue

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“Now consider the claim that musical works are abstract entities because they are not susceptible to definitive performances. Rock and pop musicians would disagree. Hit songs are often conceived and produced as unambiguous and meticulously recorded performances that their originators often duplicate exactly in live performances.” - Elliott, 1995, p. 34. Contents One best performance? Educational Perspectives Educational Perspectives Continue

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A Captured Moment When teachers select and present musical recordings to children they should present only the best possible recordings while at the same time helping children understand that a recording is like a snapshot: many things happen before and after any single captured moment in time. When you revisit a place it rarely looks (or sounds) exactly the same as when you took that original snapshot. Contents Photo Source: http://www.npr.org/pro grams/lnfsound/ Photo Source: http://www.npr.org/pro grams/lnfsound/ Educational Perspectives Educational Perspectives Continue

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What place does recorded music have in the classroom? What place does recorded music have in the classroom? Is recorded music an acceptable substitute for the real thing? Is recorded music an acceptable substitute for the real thing? What is our purpose in teaching music in public schools? What is our purpose in teaching music in public schools? Contents Finding Harmony in the Classroom Recorded music is rarely an equal substitute for live music. However, few music teachers have professional orchestras or choirs in their classrooms five days a week. Teachers must decide how much to use recordings, and to what ends. Educational Perspectives Educational Perspectives Continue

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“Aesthetic experience is involvement with expressive qualities rather than with symbolic designations… One’s attitude in aesthetic experience is to regard a thing as an expressive form rather than a symbol, to expect to get what one gets from an expressive form rather than a symbol, to be interested in the thing as an expressive form rather than a symbol…. Finally, aesthetic experience always comes from involvement in the qualities of some perceptible material. There is always a sensuous element in aesthetic experience --- a presentation to the actual senses.” - Reimer, 1989, pp. 103-4 - Reimer, 1989, pp. 103-4 Contents Educating for Aesthetic Experience Educational Perspectives Educational Perspectives Continue

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On selecting recordings for children: “But let those records sound forth the trashy and worthless so-called ‘melodies,’ with their accompanying verses of vulgar slang and coarse innuendo and you set a standard of musical taste to your children that is as morally dangerous as it is musically misleading.” - Francis E. Clark, 1907, quoted in Kenney, 1999, p. 93. Contents Educating for Connoisseurship Educational Perspectives Educational Perspectives Continue

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n E.D. Hirsch: Cultural Literacy Cultural LiteracyCultural Literacy n MENC: National Standards for Music Education National Standards for Music EducationNational Standards for Music Education n Lisa Delpit: Other People’s Children: Cultural Conflict in the Classroom Other People’s Children: Cultural Conflict in the ClassroomOther People’s Children: Cultural Conflict in the Classroom n H. Kliebard: The Struggle for the American Curriculum 1893 - 1958 The Struggle for the American Curriculum 1893 - 1958The Struggle for the American Curriculum 1893 - 1958 Contents Conflicting Views on Connoisseurship Educational Perspectives Educational Perspectives Continue

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Cultural Literacy Contents Conflicting Views Conflicting Views References “To thrive, a child needs to learn the traditions of the particular human society and culture it is born into. Like children everywhere, American children need traditional information at a very early age.” (p. 31) Hirsch advocates teaching a specific body of traditional songs including “America the Beautiful,” “Auld Lang Syne,” and “When the Saints Go Marching.” In his list of “What Literate Americans Know” Hirsch also includes the 3 B’s: Bach, Beethoven, and the Beatles. “When the Saints go marching in” Sung by the Mormon Tabernacle Choir Educational Perspectives Educational Perspectives Continue

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Other People’s Children Contents Conflicting Views Conflicting Views References “The clash between school culture and home culture is actualized in at least two ways. When a significant difference exists between the students’ culture and the school’s culture, teachers can easily misread students’ aptitudes, intent, or abilities as a result of the difference in styles of language use and interactional patterns. Secondly, when such cultural differences exist, teachers may utilize styles of instruction and/or discipline that are at odds with community norms.” (p. 167) In teaching for connoisseurship, it is possible to perpetuate stereotypes and overlook the needs of individual students or groups of students in the classroom. Consider the needs of African American students taught by teachers of other cultural backgrounds. “Amazing Grace” not sung in Gospel Style Continue

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The Struggle for the American Curriculum Contents Conflicting Views Conflicting Views References 1) Humanist Curriculum “There would be no curricular distinction between those students who were preparing for college and those who were preparing for ‘life.’” (p. 10) This is a curriculum based on the study of the seven liberal arts, or the ‘classics.’ Such a curriculum would surely include study of musical ‘great works’ like Mozart’s “Eine Kleine Nachtmusik” Continue

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The Struggle for the American Curriculum Contents Conflicting Views Conflicting Views References 2) Developmentalist Curriculum “The natural order of development in the child was the most significant and scientifically defensible basis for determining what should be taught.” (p. 11) Presumably musical choices should reflect developmental needs of children. Consider for example, “Shake My Sillies Out” by Raffi. This song is developmentally appropriate for children in preschool and primary grades. Continue

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The Struggle for the American Curriculum Contents Conflicting Views Conflicting Views References 3) Social Efficiency Curriculum “…the elimination of waste in the curriculum through the application of the kind of scientific management techniques that presumably had been so successful in industry.” (p. 20) Connoisseurship has little place in such a curriculum. Music only has a place when it furthers an extra-musical goal. Songs like Buffalo Bob’s “Don’t Talk to Strangers,” whose text has a specific educational message, might fit in such a curriculum. Continue

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The Struggle for the American Curriculum Contents Conflicting Views Conflicting Views References 4) Social Meliorist Curriculum “Civilization … was not achieved by letting cosmic natural forces take their course, but by the power of intelligent action to change things for the better.” (pp. 21-22) A primary aim of this curriculum is to fix all that ails society. Connoisseurship is not necessarily part of social meliorism. Instead, music is used when it furthers the common good. One way this might be interpreted is using music to help students enhance their self esteem. Consider for example, Red Grammer’s “I Think You’re Wonderful.” Continue

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“Although music instruction in school is important in the development of those students who are talented in music, its primary purpose is to improve the quality of life for all students by developing their capacities to participate fully in their musical culture.” - MENC, 1994, p. 2 “I intend to highlight the importance [the praxial philosophy of music education] places on music as a particular form of action that is purposeful and situated and, therefore, revealing of one’s self and one’s relationship with others in a community.” - Elliott, 1995, p. 14 Contents Educating for Musicianship Educational Perspectives Educational Perspectives Continue

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n Fair Use Fair Use Fair Use n Home Use Home Use Home Use n Institutional Use Institutional Use Institutional Use n Public Use Public Use Public Use n Aural and Printed Forms Aural and Printed Forms Aural and Printed Forms Contents Copyright in the Classroom Educational Perspectives Educational Perspectives Continue

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Fair Use Contents Copyright in the Classroom Copyright in the Classroom Educational Perspectives Educational Perspectives The right to copy excerpts for study, criticism, reporting, or educational use depends upon the nature, amount or substantiality of the excerpt in question. In general, fair use includes excerpts that are not self-contained units. (A chapter or song is an example of a self-contained unit.) The excerpt must be less than 10% of the whole. Further, the copy of an excerpt must not have impact on the commercial unit or devalue the original. That is, the copy may not supplant a purchase. For more information, see US Code, Title 17. Continue

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Home Use Contents Copyright in the Classroom Copyright in the Classroom Educational Perspectives Educational Perspectives Many of the recorded materials used in the classroom are specifically licensed for home use. Consider, for example, the warning displayed on most commercially produced videotapes: “Licensed for private home exhibition only.” My public school classroom is clearly not my private home. Continue

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Institutional Use Contents Copyright in the Classroom Copyright in the Classroom Educational Perspectives Educational Perspectives While it takes special effort to procure permission or license to display most recordings in institutional settings, some companies have made special effort to make institutional copies of materials readily available. Most notable among these is PBS. http://www.pbs.org Continue

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Public Use Contents Copyright in the Classroom Copyright in the Classroom Educational Perspectives Educational Perspectives Are institutional and public use the same thing? Even though a classroom is public in regards to funding and enrollment, it is private in the sense that it is a discrete and narrowly defined subsection of the general public. While the classroom is not the same as a private home, few (if any) financial gains are made by teachers who play recordings for children. Continue

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Aural and Printed Forms Contents Copyright in the Classroom Copyright in the Classroom Educational Perspectives Educational Perspectives Consider the following dilemma: The Walt Disney Company. (1993). Disney: The illustrated treasury of songs. Milwaukee, WI: Hal Leonard Corporation. “No part of this book may be used or reproduced in any manner whatsoever without written permission of the Publisher.” BUT: This book is published by a company that specializes in materials for educational/institutional use; is marketed to teachers; contains convenient lyric sheets for many of the songs; retails for $24.95, a price that makes purchasing a copy for each student prohibitive; and student versions of the book are not readily available (if at all). SO: Can these songs be taught in the classroom? Presumably only if they are taught aurally, entirely by rote. Back Continue

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n Permission to record Permission to record Permission to record n Permission to use recording Permission to use recording Permission to use recording n Reasons to record and playback Reasons to record and playback Reasons to record and playback n Is there a functional difference between audio and video recording of children? Is there a functional difference between audio and video recording of children? Is there a functional difference between audio and video recording of children? n Copyright issues regarding recording Copyright issues regarding recording Copyright issues regarding recording Contents Issues of Privacy and Recording Educational Perspectives Educational Perspectives Continue

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Permission to Record Contents Issues of Privacy Issues of Privacy Educational Perspectives Educational Perspectives Teachers should obtain informed consent from children and their parents before recording children. Continue

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Permission to Use Recording Contents Issues of Privacy Issues of Privacy Educational Perspectives Educational Perspectives Closely linked to the permission to record is the permission to use the recording. Children and parents should know in advance why the recording is being made and how it will be used. Continue

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Reasons to Record and Playback Contents Issues of Privacy Issues of Privacy Educational Perspectives Educational Perspectives Why might a teacher record children in music class? So the students may hear their own work. So the students may hear their own work. For portfolio assessment. For portfolio assessment. To document performance. To document performance. For commercial or non-commercial distribution. For commercial or non-commercial distribution. Continue

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Differences between Audio and Video Recording Contents Issues of Privacy Issues of Privacy Educational Perspectives Educational Perspectives Depending on the reasons students are being recorded, there may be significant differences between audio and video recording. For example, a parent who is concerned that the recording may be used for predatory reasons may object to video recording, but may have fewer concerns about audio recording. In many cases, audio recordings are more convenient for music teachers to make and use. However, video recordings are particularly useful when discussing the visual aspects of performance. Visual aspects may include playing posture, poise, and stage presence. Continue

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Copyright Issues Regarding Recording Contents Issues of Privacy Issues of Privacy Educational Perspectives Educational Perspectives Print music that is copyrighted often has additional restrictions on performance and/or recording. Usually purchase of the printed scores covers the right to perform a work in public. However, it is not safe to assume that the right to record is also granted. If there is a question, it is always best to contact the publisher. Remember the Disney Corporation example? This is a case where public performance and recording are restricted. Remember the Disney Corporation example?Remember the Disney Corporation example? Continue

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Summary In this study, the connection between live and recorded music is examined by studying its impact on present and past societies. The study has shown that as recording technology evolves, society changes and people view live music in a new way. Through these changes, issues regarding the nature of music, aesthetic satisfaction, property rights, and privacy emerge that challenge the existence and purpose of the recording industry as well as the live performance arena. Rather than view live music and recorded music as two separate entities, this study shows that the two media are set on a continuum. As with other forms of technology, as it develops over time, the technology challenges how the world is viewed. Everything that technology touches is woven into a complex web of purpose and use. The once distinct areas of live and recorded music become more and more interrelated with each technological advancement. While the two forms of media can never be completely homogenized, they will forevermore be an influence on each other and on the way consumers of music use both of the media. Contents References

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Burnett, R. (1996). The global jukebox: The international music industry. New York: Routledge. Berkman Center for Internet & Society at Harvard Law School and the Electronic Frontier Foundation. Signal or Noise? The future of music on the net http://cyber.law.harvard.edu/events/netmusic_brbook.html http://cyber.law.harvard.edu/events/netmusic_brbook.html Badal, J. (1996). Recording the classics. Ohio: Kent State University Press. Delpit, L. (1995). Other people’s children: Cultural conflict in the classroom. New York: The New Press. Elliott, D.J. (1995). Music matters: A new philosophy of music education. New York: Oxford University Press. Feinberg, W. (1998). Common schools/uncommon identities: National unity & cultural difference. New Haven: Yale University Press. Hirsch, E.D., jr. (1988). Cultural literacy: What every American needs to know New York: Random House.. Kenney, W. H. (1999). Recorded music in American life: the phonograph and popular memory, 1890-1945. New York: Oxford University Press. Contents References Back Continue